The President can and must intervene in case of a complete breakdown of communication between the Governor and the Council of Ministers, as seen in Arunachal Pradesh, to break the impasse and restore constitutional order, the Supreme Court said today.
However, such a situation would be "most unfortunate" and "detrimental" to democracy, Justice M B Lokur, who concurred with the judgement delivered by Justice J S Khehar, said in his separate verdict.
In Arunachal Pradesh, he said there was a complete breakdown of communication between the Governor and the elected Government which led to an unsavory confrontation between them.
"If there is a breakdown in communication between the Council of Ministers and the Governor, then the Governor will not have the benefit of the aid and advice of the Council of Ministers. In that event, the Governor may 'take the matter into his own hands and act freely.'
"The breakdown of communications was a possibility under the Government of India Act, 1935 since it was 'in the main undemocratic' and there could be a breakdown of communications between the representative of His Majesty and the Council of Ministers," he said.
Justice Lokur, however, said "if such a situation were to arise today in independent India, namely, a break-down of communications between the Governor of a State and the Council of Ministers, it would be most unfortunate and detrimental to our democracy. In the unlikely event of a complete break-down of communications, the President can and must intervene to bring in constitutional order."
Dealing with the situation in Arunachal Pradesh, Justice Lokur said the Governor was bound by the advice of Council of Ministers, but if it was not available, he could have resorted to the "breakdown provision" and left it to the President to break the impasse.
